United States Supreme Court Cases & Opinions

U.S. Supreme Court

Munter v. Weil Corset Co., Inc., 261 U.S. 276 (1923)

Munter v. Weil Corset Company, Inc.

No. 255

Argued January 22, 1923

Decided February 26, 1923

261 U.S. 276

Syllabus

1. In an action on contract in the district court, valid service on the defendant cannot be made in another district and state. P. 261 U. S. 277.

2. Motion by a defendant in the district court that the cause be "erased from the docket" for want of proper service held in effect a motion to dismiss for want of jurisdiction. P. 261 U. S. 277.

3. The methods of raising questions of jurisdiction in the federal courts are not controlled by state procedure and the Conformity Act (Rev.Stats. § 914), but are determined by this Court. P. 261 U. S. 278.

4. A defendant who seasonably objects to a void service of process does not submit to the jurisdiction by failing to conform to an erroneous view of the district court on the manner of raising the objection, or by subsequent inactivity concurred in by the opposite party. P. 261 U. S. 278.

Reversed.

Error to a judgment of the district court, entered on default in an action for goods sold and delivered and for breach of contract.